10.1-1500 - Compact entered into and enacted into law.
§ 10.1-1500. Compact entered into and enacted into law.
The Commonwealth of Virginia hereby enters into and enacts into law theSoutheast Interstate Low-Level Radioactive Waste Management Compact to becomea party to the compact with the parties and upon the conditions namedtherein, which compact shall be in the form which follows and which asinitially enacted in this section is as agreed to September 10, 1982. ARTICLE I. POLICY AND PURPOSE
There is hereby created the Southeast Interstate Low-Level Radioactive WasteManagement Compact. The party states recognize and declare that each state isresponsible for providing for the availability of capacity either within oroutside the state for disposal of low-level radioactive waste generatedwithin its borders, except for waste generated as a result of defenseactivities of the federal government or federal research and developmentactivities. They also recognize that the management of low-level radioactivewaste is handled most efficiently on a regional basis. The party statesfurther recognize that the Congress of the United States, by enacting theLow-Level Radioactive Waste Policy Act (P.L. 96-573), has provided for andencouraged the development of low-level radioactive waste compacts as a toolfor disposal of such wastes. The party states recognize that the safe andefficient management of low-level radioactive waste generated within theregion requires that sufficient capacity to dispose of such waste be properlyprovided.
It is the policy of the party states to: enter into a regional low-levelradioactive waste management compact for the purpose of providing theinstrument and framework for a cooperative effort, provide sufficientfacilities for the proper management of low-level radioactive waste generatedin the region, promote the health and safety of the region, limit the numberof facilities required to effectively and efficiently manage low-levelradioactive waste generated in the region, encourage the reduction of theamounts of low-level waste generated in the region, distribute the costs,benefits and obligations of successful low-level radioactive waste managementequitably among the party states, and ensure the ecological management oflow-level radioactive wastes.
Implicit in the Congressional consent to this compact is the expectation bythe Congress and the party states that the appropriate federal agencies willactively assist the Compact Commission and the individual party states tothis compact by:
1. Expeditious enforcement of federal rules, regulations and laws; and
2. Imposing sanctions against those found to be in violation of federalrules, regulations and laws; and
3. Timely inspections of their licensees to determine their capability toadhere to such rules, regulations and laws; and
4. Timely provision of technical assistance to this compact in carrying outtheir obligations under the Low-Level Radioactive Waste Policy Act asamended. ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a differentconstruction:
a. "Commission" or "Compact Commission" means the Southeast InterstateLow-Level Radioactive Waste Management Commission.
b. "Facility" means a parcel of land, together with the structures,equipment and improvements thereon or appurtenant thereto, which is used oris being developed for the treatment, storage or disposal of low-levelradioactive waste.
c. "Generator" means any person who produces or possesses low-levelradioactive waste in the course of or as an incident to manufacturing, powergeneration, processing, medical diagnosis and treatment, research, or otherindustrial or commercial activity. This does not include persons who providea service to generators by arranging for the collection, transportation,storage or disposal of wastes with respect to such waste generated outsidethe region.
d. "High-level waste" means irradiated reactor fuel, liquid wastes fromreprocessing irradiated reactor fuel and solids into which such liquid wasteshave been converted, and other high-level radioactive waste as defined by theU.S. Nuclear Regulatory Commission.
e. "Host state" means any state in which a regional facility is situated oris being developed.
f. "Low-level radioactive waste" or "waste" means radioactive waste notclassified as high-level radioactive waste, transuranic waste, spent nuclearfuel or by-product material as defined in section 11 e. (2) of the AtomicEnergy Act of 1954, or as may be further defined by federal law or regulation.
g. "Party state" means any state which is a signatory party to this compact.
h. "Person" means any individual, corporation, business enterprise or otherlegal entity (either public or private).
i. "Region" means the collective party states.
j. "Regional facility" means (1) a facility as defined in this articlewhich has been designated, authorized, accepted or approved by the Commissionto receive waste or (2) the disposal facility in Barnwell County, SouthCarolina, owned by the State of South Carolina and as licensed for the burialof low-level radioactive waste on July 1, 1982, but in no event shall thisdisposal facility serve as a regional facility beyond December 31, 1992.
k. "State" means a state of the United States, the District of Columbia,the Commonwealth of Puerto Rico, the Virgin Islands or any other territorialpossession of the United States.
l. "Transuranic wastes" means waste material containing transuranicelements with contamination levels as determined by the regulations of (1)the U.S. Nuclear Regulatory Commission or (2) any host state, if it is anagreement under section 274 of the Atomic Energy Act of 1954.
m. "Waste management" means the storage, treatment or disposal of waste. ARTICLE III. RIGHTS AND OBLIGATIONS
The rights granted to the party states by this compact are additional to therights enjoyed by sovereign states, and nothing in this compact shall beconstrued to infringe upon, limit or abridge those rights.
a. Subject to any license issued by the U.S. Nuclear Regulatory Commission ora host state each party state shall have the right to have all wastesgenerated within its borders stored, treated, or disposed of, as applicableat regional facilities, and additionally shall have the right of access tofacilities made available to the region through agreements entered into bythe Commission pursuant to Article IV e. 9. The right of access by agenerator within a party state to any regional facility is limited by itsadherence to applicable state and federal law and regulation.
b. If no operating regional facility is located within the borders of a partystate and the waste generated within its borders must therefore be stored,treated, or disposed of at a regional facility in another party state, theparty state without such facilities may be required by the host state orstates to establish a mechanism which provides compensation for access to theregional facility according to terms and conditions established by the hoststate(s) and approved by a two-thirds vote of the Commission.
c. Each party state shall establish the capability to regulate, license andensure the maintenance and extended care of any facility within its borders.Host states are responsible for the availability, the subsequent post closureobservation and maintenance, and the extended institutional control of theirregional facilities, in accordance with the provisions of Article V, sectionb.
d. Each party state shall establish the capability to enforce any applicablefederal or state laws and regulations pertaining to the packaging andtransportation of waste generated within or passing through its borders.
e. Each party state shall provide to the Commission on an annual basis, anydata and information necessary to the implementation of the Commission'sresponsibilities. Each party state shall establish the capability to obtainany data and information necessary to meet its obligation herein defined.
f. Each party state shall, to the extent authorized by federal law, requiregenerators within its borders to use the best available waste managementtechnologies and practices to minimize the volumes of wastes requiringdisposal. ARTICLE IV. THE COMMISSION
a. There is hereby created the Southeast Interstate Low-Level RadioactiveWaste Management Commission ("the Commission" or "Compact Commission").The Commission shall consist of two voting members from each party state tobe appointed according to the laws of each state. The appointing authoritiesof each state must notify the Commission in writing of the identity of itsmembers and any alternates. An alternate may act on behalf of the member onlyin the member's absence.
b. Each Commission member shall be entitled to one vote. No action of theCommission shall be binding unless a majority of the total membership casttheir vote in the affirmative, or unless a greater than majority vote isspecifically required by any other provision of this compact.
c. The Commission shall elect from among its members a presiding officer. TheCommission shall adopt and publish, in convenient form, by-laws which areconsistent with this compact.
d. The Commission shall meet at least once a year and shall also meet uponthe call of the presiding officer, by petition of a majority of the partystates, or upon the call of a host state. All meetings of the Commissionshall be open to the public.
e. The Commission has the following duties and powers:
1. To receive and approve the application of a non-party state to become aneligible state in accordance with Article VII b.; and
2. To receive and approve the application of an eligible state to become aparty state in accordance with Article VII c.; and
3. To submit an annual report and other communications to the governors andto the presiding officer of each body of the legislature of the party statesregarding the activities of the Commission; and
4. To develop and use procedures for determining, consistent withconsiderations for public health and safety, the type and number of regionalfacilities which are presently necessary and which are projected to benecessary to manage waste generated within the region; and
5. To provide the party states with reference guidelines for establishing thecriteria and procedures for evaluating alternative locations for emergency orpermanent regional facilities; and
6. To develop and adopt within one year after the Commission is constitutedas provided for in Article VII, section d., procedures and criteria foridentifying a party state as a host state for a regional facility asdetermined pursuant to the requirements of this article. In accordance withthese procedures and criteria, the Commission shall identify a host state forthe development of a second regional disposal facility within three yearsafter the Commission is constituted as provided for in Article VII, sectiond. and shall seek to ensure that such facility is licensed and ready tooperate as soon as required but in no event later than 1991.
In developing criteria, the Commission must consider the following: thehealth, safety, and welfare of the citizens of the party states; theexistence of regional facilities within each party state; the minimization ofwaste transportation; the volumes and types of wastes generated within eachparty state; and the environmental, economic and ecological impacts on theair, land, and water resources of the party states.
The Commission shall conduct such hearings; require such reports, studies,evidence and testimony; and do what is required by its approved procedures inorder to identify a party state as a host state for a needed facility; and
7. In accordance with the procedures and criteria developed pursuant tosection e. 6. of this article, to designate, by a two-thirds vote, a hoststate for the establishment of a needed regional facility. The Commissionshall not exercise this authority unless the party states have failed tovoluntarily pursue the development of such facility. The Commission shallhave the authority to revoke the membership of a party state that willfullycreates barriers to the siting of a needed regional facility; and
8. To require of and obtain from party states, eligible states seeking tobecome party states, and non-party states seeking to become eligible states,data and information necessary to the implementation of Commissionresponsibilities; and
9. Notwithstanding any other provision of this compact, to enter intoagreements with any person, state, or similar regional body or group ofstates for the importation of waste into the region and for the right ofaccess to facilities outside the region for waste generated within theregion. Such authorization to import requires a two-thirds majority vote ofthe Commission, including an affirmative vote of both representatives of thehost state in which any affected regional facility is located. This shall bedone only after an assessment of the affected facilities' capability tohandle such wastes; and
10. To act or appear on behalf of any party state or states, only uponwritten request of both members of the Commission for such state or states,as an intervenor or party in interest before Congress, state legislatures,any court of law, or federal, state or local agency, board or commissionwhich has jurisdiction over the management of wastes.
The authority to act, intervene or otherwise appear shall be exercised by theCommission only after approval by a majority vote of the Commission.
11. To revoke the membership of a party state in accordance with Article VIIf.
f. The Commission may establish such advisory committees as it deemsnecessary for the purpose of advising the Commission on any and all matterspertaining to the management of low-level radioactive waste.
g. The Commission may appoint or contract for and compensate such limitedstaff necessary to carry out its duties and functions. The staff shall serveat the Commission's pleasure irrespective of the civil service, personnel orother merit laws of any of the party states or the federal government andshall be compensated from funds of the Commission. In selecting any staff,the Commission shall assure that the staff has adequate experience and formaltraining to carry out such functions as may be assigned to it by theCommission. If the Commission has a headquarters it shall be in a party state.
h. Funding for the Commission shall be provided as follows:
1. Each eligible state, upon becoming a party state, shall pay $25,000 to theCommission which shall be used for costs of the Commission's services.
2. Each state hosting a regional disposal facility shall annually levyspecial fees or surcharges on all users of such facility, based upon thevolume of wastes disposed of at such facilities, the total of which:
(a) Shall be sufficient to cover the annual budget of the Commission; and
(b) Shall represent the financial commitments of all party states to theCommission; and
(c) Shall be paid to the Commission, provided, however, that each host statecollecting such fees or surcharges may retain a portion of the collectionsufficient to cover its administrative costs of collection, and that theremainder be sufficient only to cover the approved annual budgets of theCommission.
3. The Commission shall set and approve its first annual budget as soon aspracticable after its initial meeting. Host states for disposal facilitiesshall begin imposition of the special fees and surcharges provided for inthis section as soon as practicable after becoming party states, and shallremit to the Commission funds resulting from collection of such special feesand surcharges within sixty days of their receipt.
i. The Commission shall keep accurate accounts of all receipts anddisbursements and independent certified public accountant shall annuallyaudit all receipts and disbursements of Commission funds, and submit an auditreport to the Commission. Such audit report shall be made a part of theannual report of the Commission required by Article IV e. 3.
j. The Commission may accept for any of its purposes and functions any andall donations, grants of money, equipment, supplies, materials and services(conditional or otherwise) from any state or the United States or anysubdivision or agency thereof, or interstate agency, or from any institution,person, firm or corporation, and may receive, utilize and dispose of thesame. The nature, amount and condition, if any, attendant upon any donationor grant accepted pursuant to this paragraph together with the identity ofthe donor, grantor or lender, shall be detailed in the annual report of theCommission.
k. The Commission shall not be responsible for any costs associated with (1)the creation of any facility, (2) the operation of any facility, (3) thestabilization and closure of any facility, (4) the post-closure observation,and maintenance of any facility, or (5) the extended institutional control,after post-closure observation and maintenance of any facility.
l. As of January 1, 1986, the management of wastes at regional facilities isrestricted to wastes generated within the region, and to wastes generatedwithin non-party states when authorized by the Commission pursuant to theprovisions of this Compact. After January 1, 1986, the Commission mayprohibit the exportation of waste from the region for the purposes ofmanagement.
m. 1. The Commission herein established is a legal entity separate anddistinct from the party states, capable of acting in its own behalf, andshall be so liable for its actions. Liabilities of the Commission shall notbe deemed liabilities of the party states. Members of the Commission shallnot be personally liable for action taken by them in their official capacity.
Except as specifically provided in this compact, nothing in this compactshall be construed to alter the incidence of liability of any kind for anyact, omission, course of conduct, or on account of any causal or otherrelationships. Generators, transporters of wastes, owners and operators ofsites shall be liable for their acts, omissions, conduct, or relationships inaccordance with all laws relating thereto. ARTICLE V. DEVELOPMENT AND OPERATION OF FACILITIES
a. Any party state which becomes a host state in which a regional facility isoperated, shall not be designated by the Compact Commission as a host statefor an additional regional facility until each party state has fulfilled itsobligation, as determined by the Commission, to have a regional facilityoperated within its borders.
b. A host state desiring to close a regional facility located within itsborders may do so only after notifying the Commission in writing of itsintention to do so and the reasons therefore. Such notification shall begiven to the Commission at least four years prior to the intended date ofclosure. Notwithstanding the four year notice requirement herein provided, ahost state is not prevented from closing its facility or establishingconditions of use and operations as necessary for the protection of thehealth and safety of its citizens. A host state may terminate or limit accessto its regional facility if it determines Congress has materially altered theconditions of this compact.
c. Each party state designated as a host state for a regional facility shalltake appropriate steps to ensure that an application for a license toconstruct and operate a facility of the designated type is filed with andissued by the appropriate authority.
d. No party state shall have any form of arbitrary prohibition on thetreatment, storage or disposal of low-level radioactive waste within itsborder.
e. No party state shall be required to operate a regional facility for longerthan a twenty-year period or to dispose of more than 32,000,000 cubic feet oflow-level radioactive waste, whichever first occurs. ARTICLE VI. OTHER LAWS AND REGULATIONS
a. Nothing in this compact shall be construed to:
1. Abrogate or limit the applicability of any act of Congress or diminish orotherwise impair the jurisdiction of any federal agency expressly conferredthereon by the Congress;
2. Abrogate or limit the regulatory responsibility and authority of the U.S.Nuclear Regulatory Commission or of an agreement state under section 274 ofthe Atomic Energy Act of 1954 in which a regional facility is located;
3. Make inapplicable to any person or circumstance any other law of a partystate which is not inconsistent with this compact;
4. Make unlawful the continued development and operation of any facilityalready licensed for development or operation on the date this compactbecomes effective, except that any such facility shall comply with ArticleIII, Article IV and Article V and shall be subject to any action lawfullytaken pursuant thereto;
5. Prohibit any storage or treatment of waste by the generator on its ownpremises;
6. Affect any judicial or administrative proceeding pending on the effectivedate of this compact;
7. Alter the relations between, and the respective internal responsibilitiesof, the government of a party state and its subdivisions;
8. Affect the generation, treatment, storage or disposal of waste generatedby the atomic energy defense activities of the Secretary of the U.S.Department of Energy or federal research and development activities asdefined in P.L. 96-573;
9. Affect the rights and powers of any party state and its politicalsubdivisions to regulate and license any facility within its borders or toaffect the rights and powers of any party state and its politicalsubdivisions to tax or impose fees on the waste managed at any facilitywithin its borders.
b. No party state shall pass any law or adopt any regulation which isinconsistent with this compact. To do so may jeopardize the membership statusof the party state.
c. Upon formation of the compact, no law or regulation of a party state or ofany subdivision or instrumentality thereof may be applied so as to restrictor make more inconvenient access to any regional facility by the generatorsof another party state than for the generators of the state where thefacility is situated.
d. Restrictions of waste management of regional facilities pursuant toArticle IV l. shall be enforceable as a matter of state law. ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE,TERMINATION
a. This compact shall have as initially eligible parties the States ofAlabama, Florida, Georgia, Mississippi, North Carolina, South Carolina,Tennessee and Virginia.
b. Any state not expressly declared eligible to become a party state to thiscompact in section a. of this article may petition the Commission, onceconstituted, to be declared eligible. The Commission may establish suchconditions as it deems necessary and appropriate to be met by a state wishingto become eligible to become a party state to this compact pursuant to theprovisions of this section. Upon satisfactorily meeting such conditions andupon the affirmative vote of two-thirds of the Commission, including theaffirmative vote of both representatives of a host state in which anyaffected regional facility is located, the petitioning state shall beeligible to become a party state to this compact and may become a party statein the same manner as those states declared eligible in section a. of thisarticle.
c. Each state eligible to become a party state shall be declared a partystate upon enactment of this compact into law by the state and upon paymentof the fees required by Article IV, h. 1. The Commission shall be the solejudge of the qualifications of the party states and of its members and oftheir compliance with the conditions and requirements of this compact and thelaws of the party states relating to the enactment of this compact.
d. 1. The first three states eligible to become party states to this compactwhich enact this compact into law and appropriate the fees required byArticle IV, h. 1. shall immediately, upon the appointment of their Commissionmembers, constitute themselves as the Southeast Low-Level Radioactive WasteManagement Commission, shall cause legislation to be introduced in theCongress which grants the consent of the Congress to this compact, and shalldo those things necessary to organize the Commission and implement theprovisions of this compact.
2. All succeeding states eligible to become party states to this compactshall be declared party states pursuant to the provisions of section c. ofthis article.
3. The consent of the Congress shall be required for full implementation ofthis compact. The provisions of Article V, d. shall not become effectiveuntil the effective date of the import ban authorized by Article IV, l. asapproved by Congress. The Congress may by law withdraw its consent only everyfive years.
e. No state which holds membership in any other regional compact for themanagement of low-level radioactive waste may be considered by the CompactCommission for eligible state status or party state status.
f. Any party state which fails to comply with the provisions of this compactor to fulfill the obligations incurred by becoming a party state to thiscompact may be subject to sanctions by the Commission, including suspensionof its rights under this compact and revocation of its status as a partystate. Any sanction shall be imposed only on the affirmative vote of at leasttwo-thirds of the Commission members. Revocation of party state status maytake effect on the date of the meeting at which the Commission approves theresolution imposing such sanction, but in no event shall revocation takeeffect later than 90 days from the date of such meeting. Rights andobligations incurred by being declared a party state to this compact shallcontinue until the effective date of the sanction imposed or as provided inthe resolution of the Commission imposing the sanction.
The Commission shall, as soon as practicable after the meeting at which aresolution revoking status as a party state is approved, provide writtennotice of the action along with a copy of the resolution to the governors,the presidents of the senates, and the speakers of the house ofrepresentatives of the party states, as well as chairmen of the appropriatecommittees of the Congress.
g. Subject to provisions of Article VII, h., any party state may withdrawfrom this compact by enacting a law repealing the compact, provided that if aregional facility is located within such state, such regional facility shallremain available to the region for four years after the date the Commissionreceives verification in writing from the governor of such party state of therescission of the compact. The Commission, upon receipt of the notification,shall as soon as practicable provide copies of such notification to thegovernors, the presidents of the senates, and the speakers of the house ofrepresentatives of the party states as well as the chairman of theappropriate committees of the Congress.
h. The right of a party state to withdraw pursuant to Article VII, g. shallterminate thirty days following the commencement of operation of the secondhost state disposal facility. Thereafter a party state may withdraw only withthe unanimous approval of the Commission and with the consent of Congress.For purposes of this subsection, the low-level radioactive waste disposalfacility located in Barnwell County, South Carolina shall be considered thefirst host state disposal facility.
i. This compact may be terminated only by the affirmative action of theCongress or by the rescission of all laws enacting the compact in each partystate. ARTICLE VIII. PENALTIES
a. Each party state, consistently with its own law, shall prescribe andenforce penalties against any person not an official of another state forviolation of any provision of this compact.
b. Each party state acknowledges that the receipt by a host state of wastepackaged or transported in violation of applicable laws and regulations canresult in imposition of sanctions by the host state which may includesuspension or revocation of the violator's right of access to the facility inthe host state. ARTICLE IX. SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable and if any phrase, clause,sentence or provision of this compact is declared by a court of competentjurisdiction to be contrary to the Constitution of any participating state orof the United States or the applicability thereof to any government, agency,person or circumstance is held invalid, the validity of the remainder of thiscompact and the applicability thereof to any other government, agency, personor circumstances shall not be affected thereby. If any provision of thiscompact shall be held contrary to the constitution of any state participatingtherein, the compact shall remain in full force and effect as to the stateaffected as to all severable matters. The provisions of this compact shall beliberally construed to give effect to the purposes thereof.
(1983, c. 213, § 32.1-238.6:1; 1988, cc. 390, 891.)